AB95: Bill Text

LRB-1546/1

CMH:bjk:rs

2009 - 2010 LEGISLATURE

2009 Assembly BILL 95

February 27, 2009 - Introduced by Representatives Sinicki, Mason, Toles, Pope-Roberts, Soletski, Hixson, Pocan, Bernard Schaber, Zigmunt, Berceau, Smith, Vruwink, Milroy, Benedict, Young, Turner and Zepnick, cosponsored by Senators Erpenbach, Lehman, Taylor, Wirch, Hansen, Vinehout, Coggs, Risser and Miller. Referred to Committee on Labor.

AB95,1,2 An Act to amend 111.70 (1) (a); and to create 111.70 (4) (n) of the statutes; relating to: preparation time as a mandatory subject of collective bargaining.

Analysis by the Legislative Reference Bureau

Under current law, there are three categories of subjects of collective bargaining under the Municipal Employment Relations Act (MERA). A mandatory subject of bargaining is one primarily related to wages, hours, and conditions of employment; the employer is required to bargain over this subject. A permissive subject of bargaining is one primarily related to the management and direction of the municipal employer; an employer may, but need not, bargain over this subject. A prohibited subject of bargaining is one that would violate a law; there may be no bargaining over such a subject.

This bill creates a new mandatory subject of collective bargaining under MERA in school districts. Under the bill, in a school district, the employer is required to bargain collectively with respect to time spent during the school day, separate from pupil contact time, to prepare lessons, labs, or educational materials, to confer or collaborate with other staff, or to complete administrative duties.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB95, s. 1 Section 1. 111.70 (1) (a) of the statutes is amended to read:

AB95,2,25 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66, and for a school district with respect to any matter under sub. (4) (n), except as provided in sub. (4) (m) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB95, s. 2 Section 2. 111.70 (4) (n) of the statutes is created to read:

AB95,3,7 111.70 (4) (n) Mandatory subjects of bargaining. In a school district, in addition to any subject of bargaining on which the municipal employer is required to bargain under sub. (1) (a), the municipal employer is required to bargain collectively with respect to time spent during the school day, separate from pupil contact time, to prepare lessons, labs, or educational materials, to confer or collaborate with other staff, or to complete administrative duties.

AB95, s. 3 Section 3. Initial applicability.

AB95,3,10 (1) This act first applies to collective bargaining agreements that cover any period that begins after June 30, 2011.

AB95,3,11 (End)